Ravinder Kumar v. Commissioner, Rohtak Division, Rohtak
2013-11-08
G.S.SANDHAWALIA, JASBIR SINGH
body2013
DigiLaw.ai
JUDGMENT Mr. Jasbir Singh, J.: (Oral) - Respondent No.4-Gram Panchayat of village Naru Kheri, Tehsil Nissing, District Karnal leased out a village pond for stocking the fish on 29.11.2010 in favour of the petitioner for an amount of Rs. 65,000 per year. The lease period was fixed as seven years with a stipulation that after three years, there will be 25% increase in the lease amount. Against the said auction, a complaint was filed by some Panches of the Gram Panchayat and also one Surjit Singh stating that the auction was not properly conducted and it was against the Rules. Surjit Singh offered an amount of Rs. 2,25,000 per year for the said pond. 2. It is necessary to mention here that before the auction in dispute, the Gram Panchayat had leased out the above pond for an amount of Rs. 1,30,000 per year. Thereafter, the lease amount was increased and when the lease period came to an end, the lease amount fixed was Rs. 2,03,125 per year. From the petitioner, very less amount was accepted. 3. The matter was taken up by the competent authority under Section 10A of the Punjab Village Common Lands (Regulation) Act, 1961 (in short “the Act”). After notice, opportunity was provided to both the parties and on analysis of documents on record and evidence led by the contesting persons, lease was ordered to be cancelled by the Assistant Collector Ist Grade, Karnal vide order dated 29.4.2011. Relevant portion of that order reads thus:- “I have perused the record of Gram Panchayat in this regard. According to which this pond was released on lease for 7 years for fisher farm on 12.11.2003 and as per conditions after every 3 years the payment of lease money will be increased to the extent of 25% of lease money, in the end of this year the pond was @ Rs.2,03,125/- per year, although the new elected Gram Panchayat has released this pond for only Rs.65,000/- per year on 29.11.10. This amount is less than half of the earlier amount of lease which is not correct. As per the provision of Rule 6(6) of Punjab Village Common Land Act Regulation, 1964 (sic) the pond can be released for lease only for 3 years.
This amount is less than half of the earlier amount of lease which is not correct. As per the provision of Rule 6(6) of Punjab Village Common Land Act Regulation, 1964 (sic) the pond can be released for lease only for 3 years. Like this, the Gram Panchayat Naru Kheri has violated the rules of pond by giving lease 7 years for lesser amount which is not correct at all. Therefore, it is proper to cancel the lease.” 4. It was noticed that Pond has wrongly been leased out for an amount of Rs. 65,000 per year, which is very less as compared to the lease amount realized in the past. It was further observed that lease was against the provisions of Rule 6(6) of the Punjab Village Common Lands (Regulation) Rules, 1964 (in short “the Rules”). As per that Rule, a Pond for stocking fish can be leased out only for a period of five years, whereas for the auction in dispute, the lease period was fixed at seven years. 5. The petitioner went in appeal which was dismissed by the Collector, Karnal on 13.10.2011. It was specifically noticed that to conduct auction, notice was not published as per the Rules, in a secret manner it was published in a newspaper “Ajit Samachar”, which is not a newspaper of local circulation. It was further stated that sufficient period, as is mandatory, under the Rules was not observed before conducting the auction. It was also noticed that the proceedings appear to have been written at one time. Taking it as a matter of suspicion, appeal was dismissed. Thereafter, petitioner in a revision, went to the Commissioner, Rohtak Division, Rohtak, which was also dismissed on 20.6.2013 being not maintainable. 6. It is stated by counsel for the petitioner that after taking the pond on lease, the petitioner had spent a huge amount i.e. Rs. 8,21,533 to procure fish seed and making other arrangements. Be that as it may, that cannot be a ground to validate the lease in favour of the petitioner. In the past, the pond in dispute was leased out for an amount of Rs. 2,03,125 per year. In the present auction, it was leased out for an amount of Rs. 65,000 only with a stipulation that after three years, the lease amount will be increased at the rate of 25%.
In the past, the pond in dispute was leased out for an amount of Rs. 2,03,125 per year. In the present auction, it was leased out for an amount of Rs. 65,000 only with a stipulation that after three years, the lease amount will be increased at the rate of 25%. Surjit Singh has offered an amount more than Rs. 2,25,000 per year for the said Pond. Not only as above, it was rightly observed by the authorities below and there is no contradiction to a fact that mandatory notice was not given before conducting auction and further it was not circulated in a local newspaper. The lease was given for a period of seven years contrary to the provisions of Rule 6(6) of the Rules. 7. No case is made out to cause interference in the writ petition by this Court. 8. Dismissed.